IN THE CASE OF:
BOARD DATE: 24 June 2014
DOCKET NUMBER: AR20130018886
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his home of record (HOR) be changed from Colorado to Texas.
2. The applicant states that he was commissioned as a U.S. Reserve (USAR) second lieutenant in Denver, CO and when he graduated from college in May 1986, he traveled to Fort Bliss, TX for his first assignment. Since that time he has purchased three homes, his vehicles are registered in Texas and he votes in Texas. He has resided in Texas for 12 years with the intent of retiring there and he desires his HOR to be changed to Texas so he can take advantage of education opportunities available under the Hazelwood Act.
3. The applicant provides a continuation sheet explaining his application, his VA Summary of Benefits, and his mortgage statements.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant graduated from high school in Boulder, CO and he enlisted in the Colorado Army National Guard (COARNG) on 28 April 1982 and claimed Boulder, CO as his HOR.
3. He enlisted in the USAR as a Reserve Officers Training Corps cadet on
18 March 1985 and claimed Boulder, CO as his HOR.
4. He was commissioned as a USAR second lieutenant on 18 May 1985 and claimed Boulder, CO as his HOR.
5. He entered extended active duty on 11 July 1986 and claimed Boulder, CO as his HOR.
6. He continued to serve and he was promoted to the rank of major on 1 July 1997. He apparently retired in 2006.
7. The Department of Defense (DOD) Financial Management Regulation, also known as the DOD Pay Manual, provides, in pertinent part, that there are no provisions to change a HOR designation in official records unless it can be proven that a mistake was made at the time of entry and that the HOR was not the actual HOR at the time or if there was a break in service of at least 1 full day. A Soldiers initial enlistment contract is the source for this data. HOR is not always the same as legal domicile as defined for income tax purposes. Legal domicile may change during a Soldiers career.
DISCUSSION AND CONCLUSIONS:
1. While it is certainly understood why the applicant desires his HOR to be changed in his official records, such records are not altered simply for the purpose of qualifying individuals for benefits.
2. The evidence of record clearly shows he was living in Colorado and that he claimed Colorado as his HOR at the time of enlistment and commissioning.
3. Although he has been stationed in Texas while serving in the Continental United States, that in and of itself does not serve to change his HOR. It simply establishes a legal residence. Accordingly, there appears to be no error or injustice in this case and there is no basis to change his HOR at this time.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ____x___ ____x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
____________x_____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20130018886
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ABCMR Record of Proceedings (cont) AR20130018886
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